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Patna High Court

Hariom YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered the District Magistrate, West Champaran, to examine the petitioner's claim of encroachment and to act in accordance with law if unauthorized occupation is found.

Summary

The petitioner, Hariom Yadav, filed a writ petition seeking a mandamus directing the State authorities to remove encroachment and illegal construction on his private land in Bairiya, West Champaran. He alleged that local encroachers, in collusion with the respondents, were occupying his land and obstructing a pathway. The petitioner also requested that his grievance be examined by the District Magistrate through the Circle Office, citing a prior order in Krishna Devi v. State of Bihar (CWJC No.348 of 2026). The Court, after hearing counsel, directed the District Magistrate to investigate the alleged encroachment and, if unauthorized occupation is found, to take appropriate legal action. No substantive relief beyond this direction was granted, and the writ petition was disposed.

Issues considered

  • Whether the State authorities are liable to issue a mandamus directing removal of encroachment on private land.
  • Whether the District Magistrate should be directed to investigate the alleged encroachment and take action under due process.

Subjects

  • encroachment
  • private land
  • mandamus
  • writ petition
  • land reforms
  • illegal construction
  • district magistrate

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.953 of 2026
                 ======================================================
                 Hariom Yadav Son of Chandrika Yadav, Resident of Vill-Bargachiya, Ward
                 No. 12, Bairiya, West Champaran, P.S.-Bairiya, District-West Champaran.

                                                                          ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Land Reforms
                 and Revenue Department, Government of Bihar, Patna.
           2.    The Collector, Bettiah, District-West Champaran.
           3.    The Deputy Collector Land Reforms and Revenue Department Government
                 of Bihar, Bettiah, District-West Champaran.
           4.    The Additional Collector, Bettiah, District-West Champaran.
           5.    The Sub Divisional Officer, Bettiah, District-West Champaran.
           6.    The Circle Officer, Bairiya, District-West Champaran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr. Abhirup, Advocate
                 For the Respondent/s    :     AC to Government Pleader (22)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   27-01-2026                      Heard Mr. Abhirup, learned counsel appearing on

                   behalf of the petitioner and learned AC to Government Pleader

                   (22) for the State.

                               2. Petitioner has inter alia prayed for following reliefs

                   in the paragraphs No.1 of the writ petition:-

                                              “1. That present writ application seeks
                                  indulgence of this Hon'ble Court for the issuance of the
                                  appropriate writ/order/orders/direction in nature of
                                  Mandamus and commanding and directing the respondent
                                  authorities to remove the encroachment of Private Land of
                                  the Petitioner which is situated in Mauja- Bairiya, Khata
                                  NO.289/290 Khesara No. 1941, Rakba 11 Katha 19 Dhur
                                  Thana no. 150 which is being constantly encroached by bad
                                  elements/encroachers of the village locality in coalition
                                  with the respondent authorities and that certain illegal
                                  construction were also been done by these encroacher
                                  which has constantly causing encroachment and leads to
Patna High Court CWJC No.953 of 2026(2) dt.27-01-2026
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                          disturbance in Path Way of the property of the petititioner
                          and any other relief as your lordships may deem fit and
                          proper.”


                       3. Learned counsel appearing on behalf of petitioner

          submits for the relief, as sought for, in the present writ petition

          the petitioner seeks to file a detailed representation for redressal

          of     his      grievance       before        the   District   Magistrate,

          West Champaran and the same may be disposed of in light of

          order passed by this Court in CWJC No.348 of 2026 ( Krishna

          Devi Vs. State of Bihar & Ors.).

                       4. Considering the aforesaid specific submission made

          on behalf of the petitioner, the District Magistrate, West

          Champaran, is directed to examine the petitioner’s case in

          respect of the land in question through the Circle Office and

          ascertain whether any encroachment has been made thereon. If

          it is found that unauthorized persons have occupied the land,

          then in that case, the law shall take its own course. If the

          District Magistrate allows to give acceptance of such high-

          handedness action then there will be no respect for the rule of

          law and        unlawful elements must be dealt with strictly in

          accordance with due process of law.

                        5. The writ petition is, accordingly, disposed of.

                        6. Interlocutory Application(s), if any, also stands
           Patna High Court CWJC No.953 of 2026(2) dt.27-01-2026
                                                       3/3




                     disposed of.



                                               (Purnendu Singh, J)
Ashishsingh/-

U


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